Motheral v. Burkhart
Pennsylvania Superior Court
583 A.2d 1180 (1990)
- Written by Sharon Feldman, JD
Facts
G. Brinton Motheral (plaintiff) and his wife, Gretchen Burkhart (Gretchen), were involved in a custody battle. Gretchen was represented in the divorce and custody action by Deborah Lesko and her firm Kratzenberg Shield and Lesko, P.C. (Lesko’s firm) (defendants). Criminal charges of intimidating a witness, simple assault, terroristic threats, and harassment were filed against Motheral for threatening his wife’s mother, Ann Burkhart (Burkhart) (defendant). The charges were later dropped or dismissed. Motheral brought an action asserting claims of malicious prosecution and intentional infliction of emotional distress against Burkhart and Lesko and malicious-prosecution and negligence claims against Lesko’s firm. Motheral alleged that Lesko falsely told the police officer who filed the criminal complaint against him that Burkhart was going to testify in the custody proceeding and that Motheral had sexually molested his daughter. Motheral alleged that Lesko knew or should have known the information she provided to the officer was false and that she provided the information solely for her benefit and for the anticipated effect on the pending custody proceedings. The trial court dismissed all claims except the malicious-prosecution claim against Burkhardt. Motheral appealed.
Rule of Law
Issue
Holding and Reasoning (Rowley, J.)
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